1, illegal immigrants caught processing method is:
(1) Anyone caught smuggling shall be detained for not more than five days or fined not more than five hundred yuan by the public security organ;
(2) If the circumstances are serious enough to constitute the crime of crossing the country (border), the court will generally sentence him to fixed-term imprisonment of not more than one year, criminal detention or control, and impose a fine.
2. Legal basis: Article 62 of the People's Republic of China (PRC) Public Security Administration Punishment Law.
Those who provide conditions for illegally crossing the country (border) shall be detained for more than five days and less than ten days, and shall be fined more than 500 yuan and less than 2,000 yuan.
Whoever illegally crosses the country (border) shall be detained for not more than five days or fined not more than 500 yuan.
Article 322 of the Criminal Law of People's Republic of China (PRC)
Whoever commits the crime of crossing the border illegally and violates the laws and regulations on border control, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or control, and shall also be fined; Whoever steals across the country (border) for the purpose of joining a terrorist organization, receiving terrorist training or carrying out terrorist activities shall be sentenced to fixed-term imprisonment of not less than one year but not more than three years and shall also be fined.
2. What are the constitutive elements of the crime of illegal border crossing?
1, object element. The object of the crime of illegal border crossing is the national management system for entry and exit. The so-called border refers to the border between China and neighboring countries. The so-called border refers to the border between the mainland and Hongkong, Macau, Taiwan Province and other regions. The border is the gateway to this country. In order to safeguard national sovereignty, security and social management order, our government has taken many measures to strengthen border management.
2. objective factors. Objectively speaking, the cross-border crime is a serious cross-border behavior. The so-called "illegal border crossing" refers to illegal entry and exit in violation of national (border) management regulations. There are various means and methods to sneak across the country (border), which are generally manifested in secret entry and exit in places that are not allowed to pass, smuggling by boat, smuggling of horses and chariots or smuggling on foot; Some people pass through designated places, but they forge, alter, fraudulently use entry and exit documents or muddle through by other deceptive means. For example, some people hide in planes, ships and cars entering and leaving the country, and some people hide in containers or suitcases called entry clothes;
3. Main elements. The subject of the crime of crossing the border illegally is the general subject, and both China citizens and foreigners can constitute the crime of crossing the border illegally.
4. Subjective factors. The crime of illegal border crossing is intentional in subjective direction. Negligence cannot constitute the crime of illegal border crossing. Is knowing that it is a national (border) line, or insisting on stealing it. If the actor doesn't know or know the border, but goes astray or goes astray, it can't constitute the crime of illegally crossing the border. There are various motives for committing the crime of crossing the border illegally, some of which violate discipline in order to escape punishment; Some have committed crimes to escape criminal punishment; Some are for smuggling and drug trafficking. Different motives can be considered as punishment circumstances, but it does not affect the establishment of the crime. However, for ordinary residents to visit relatives and friends, go to the market, cross-border farming or go abroad to make a living, it is generally not suitable as a criminal punishment, and certain administrative penalties can be given according to China's entry-exit management regulations.